[2024] UKUT 370 (LC)

Case No: LC-2024-528

IN THE MATTER OF A REFERENCE UNDER SECTION 204 OF THE HOUSING AND PLANNING ACT 2016

19 November 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

COMPENSATION – COSTS –whether the Tribunal has jurisdiction to award costs in a reference for compensation under s. 204 Housing and Planning Act – whether compensation for injurious affection – rule 10, Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

BETWEEN

GRAHAM WILLIAM KITCHEN

Claimant

and

KENT COUNTY COUNCIL

Respondent

The Homestead,

Seal Drive,

Sevenoaks,

Kent, TN15 0AH

Upper Tribunal Member Mr Mark Higgin FRICS FIRRV

Decision on written representations

Mr Kevin Leigh for the appellant

Mr Alexander Booth KC, instructed by Bevan Brittan LLP, for the respondents

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Holliday v Breckland District Council [2012] 3 EGLR 95

Kent County Council v Union Railways (North) Ltd & Another [2009] EWCA Civ 363

Midtown Ltd v City of London Real Property Company Ltd [2005] EWHC 33 (Ch)

R v. City of London Corporation & Royal Mutual Insurance Society ex p Mystery of the Barbers [1997] 95 LGR 459

re Penny and South Eastern Rly Co 1857 7 E & B 660, 669

Wildtree Hotels Ltd v Harrow LBC [2001] 2 AC 1